Allahabad High Court
SUNIL SHARMA AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- NAND PRABHA SHUKLA
Holding
The court held that the application under Section 528 to quash the cognizance order must be dismissed as the matter involves factual disputes and no abuse of process is evident.
Summary
The applicants filed an application under Section 528 of the Code of Criminal Procedure seeking to quash the cognizance order, summons and notice of charge in a criminal case involving offences under Sections 498‑A, 504, 506 IPC and Sections 3 and 4 of the Dowry Prohibition Act. The High Court examined the record and observed that the dispute primarily concerns questions of fact, which cannot be decided at this stage under Section 528. Since no failure of justice or abuse of process was demonstrated, the court declined to quash the proceedings. The court directed that if the applicants are not on bail, they may apply for bail within 45 days, and may also move for discharge within 45 days, with the trial court to decide expeditiously. It further ordered that no coercive measures be taken against the applicants for the same period, and disposed of the application.
Issues considered
- Whether an application under Section 528 can be entertained to quash a cognizance order when factual disputes remain.
- Whether there is a failure of justice or abuse of process justifying the quashing of the criminal proceedings.
Legislation cited
- Code of Criminal Procedure — s. 528
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 498-A, 504, 506
Subjects
- Section 528
- quash
- cognizance order
- bail
- discharge application
- women's atrocities
- criminal procedure
- coercive measures
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 43317 of 2025
Sunil Sharma And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ashutosh Kumar Pandey, Gajendra
Kumar Gautam
Counsel for Opposite Party(s) : G.A.
Court No. - 78
HON'BLE NAND PRABHA SHUKLA, J.
1. Heard Mr. Gajendra Kumar Gautam, learned counsel for the applicants,
learned A.G.A. for the State and perused the record.
2. The present application under Section 528 BNSS has been filed with a
prayer to quash the entire Cognizance Order dated 02.02.2022, summoning
dated 29.03.2022 as well as N.B.W. dated 19.06.2024 of Charge Sheet dated
05.04.2021 in Case No. 5775 of 2022 State Versus Sunil Sharma and other,
under Sections 498-A, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station-
Mahila Thana, District-Ghaziabad arising out of Case Crime No. 278 of
2019, pending in the Court of learned Civil Judge (Junior Division) Fast
Track Court -1 (Atrocities Against women) Ghaziabad.
3. From the perusal of the material on record and looking into the facts of the
case, at this stage, it cannot be said that no offence is made out against the
applicants. All the submissions made at the bar relate to the disputed
questions of fact, which cannot be adjudicated upon by this Court. Only in
cases where the Court finds that there has been failure of justice or abuse of
procedure, this power may be exercised to prevent the abuse of process to
secure the ends of justice.
4. Accordingly, prayer for quashing is declined.
5. In case, the applicants are not on bail, it is directed that if the applicants
appear or surrender through counsel before the Trial Court and make an
application for bail within 45 days from the date of the order, the same shall
be considered and disposed of expeditiously, after giving opportunity to the
other side.
NA528 No. 43317 of 2025
2
6. However, in the interest of justice, it is further provided that in case the
applicants move an application for discharge at an appropriate stage through
counsel within 45 days, the same shall be disposed of by the Trial Court by a
reasoned and speaking order in accordance with law within two weeks
thereafter.
7. For a period of 45 days or till the disposal of the discharge application,
whichever is earlier, no coercive measures shall be taken against the
applicants in the aforesaid case.
8. With the aforesaid direction, this application is disposed of.
May 7, 2026
Shivani Sri.
(Nand Prabha Shukla,J.)
Digitally signed by :-
SHIVANI SRIVASTAVA
High Court of Judicature at Allahabad
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